In Bragdon v. Abbott, the United States Supreme Court held that asymptomatic HIV is a "disability" under the Americans with Disabilities Act ("ADA") because it is a physical impairment that substantially limits the major life activity of reproduction. It further held that determining whether a plaintiff is entitled to relief requires objective and particularized evidence of the risks to the defendant under the "direct threat" provisions of the ADA. This Casenote focuses exclusively on the "disability" holding.
Reeder, Amy C.
"Bragdon v. Abbott: Is Asymptomatic HIV a Per Se Disability Under the Americans with Disabilities Act?,"
Mercer Law Review: Vol. 50:
2, Article 7.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol50/iss2/7